1455 Quail Lake Loop, Suite 100
Colorado Springs, CO
80906

Business hours:
Monday-Friday
8am-5pm
Mountain Time

800-841-0547

Last Modified: December 20, 2014

PLEASE READ THESE TERMS OF USE CAREFULLY.

The following terms and conditions (collectively, the “Terms of Use”) apply to your use of MedStudy Corporation’s (“MedStudy,” “we” or “us”) website located at www.medstudy.com (the “Site”) and MedStudy’s online medical courses, study materials, and web applications accessible via the Site or other websites designated by MedStudy (together with the Site, the “Service”). By accessing or using the Service in any manner (whether automated or otherwise), you accept and agree to be bound by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or our Privacy Policy, immediately cease all use of the Service.

1. Definitions.
“Content” means text, design, graphics, icons, images, downloads, interfaces, code, software, and any other audio and visual information or material made available to you in the course of using the Service or forming part of the Service.

“Intellectual Property Rights” means any and all: (i) inventions (whether patentable or not), patent applications, and patents; (ii) copyrightable works (including computer programs), design rights, copyrights, mask works, and rights in data and databases; (iii) trademarks, service marks, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith; (iv) trade secrets, know-how, and other confidential information; and (v) all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights.

“Technology” means all of the proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs, and other tangible or intangible technical material or information) used by MedStudy in providing the Service.

2. License Grant and Restrictions.
MedStudy grants you a limited, non-exclusive, non-transferable license to access and use the Service for your own personal, non-commercial use solely in accordance with these Terms of Use. All rights not expressly granted to you are reserved by MedStudy. You may not license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available the Service or the Content to any other person in any way. Notwithstanding the license granted herein, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, make derivative works based on, exploit, or distribute in any manner or medium (including by email or other electronic means) the Service or the Content or any part thereof. You may not access the Service in order to (i) build a competitive product or service; (ii) build a product using similar ideas, features, functions, or Content as the Service; or (iii) copy any ideas, features, functions, or Content of the Service.

3. Your Responsibilities.
To access certain features of the Service, you may be required to provide personal and/or other information as part of the account registration or log-in process. If you choose, or you are provided with, a username or password, you must treat such information as confidential, and you must not disclose it to any third party. You are responsible for all activity occurring under your account. MedStudy is not liable for any loss or damage arising from your failure to protect your username or password. You will abide by all applicable laws in connection with your use of the Service, including those related to data privacy, international communications, and the transmission of technical or personal data. You will: (i) notify MedStudy promptly of any unauthorized use of your password(s) or account(s) or any other known or suspected breach of security; and (ii) report to MedStudy promptly and use reasonable efforts to stop any copying or distribution of Content that is known or suspected by you.

By using the Service, you represent that you are at least eighteen (18) years old. You agree not to:

  • impersonate others or provide false identity information to gain access to or use the Service;
  • “harvest” (or collect) Content or other information from the Service using an automated software tool or manually on a mass basis (including, for example, information about other users of the Service and information about MedStudy’s offerings, products, services, and promotions);
  • use automated means to access the Service, or gain unauthorized access to the Service or to any account or computer system connected to the Service;
  • obtain, or attempt to obtain, access to areas of the Service or our systems that are not intended for access by you;
  • “flood” the Service with requests or otherwise overburden, disrupt, or harm the Service or our systems; or
  • restrict or inhibit other users from using or enjoying the Service.

You understand that by using the Service, you may be exposed to medical education materials and other Content that people may find offensive, indecent, or objectionable. You understand and agree that MedStudy will not have any liability to you for any Content that may be found to be offensive, indecent, or objectionable.

4. Privacy Policy.
All information we collect is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

5. Intellectual Property Ownership and Feedback.
MedStudy owns all right, title, and interest in and to the Technology, the Content and the Service, including all Intellectual Property Rights therein and thereto. Without limiting the foregoing, the MedStudy name and logo, the product names associated with the Service, and all other names, trademarks, service marks, and logos displayed on or through the Service are registered and unregistered marks of MedStudy. Nothing contained in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any right or license in or to such names, trademarks, service marks, or logos.

If you provide any suggestions, ideas, enhancement requests, feedback, recommendations, or other similar information (“Feedback”) to MedStudy, you hereby irrevocably and exclusively assign to MedStudy all right, title, and interest (including all Intellectual Property Rights) in and to the Feedback to MedStudy, and you acknowledge and agree that MedStudy may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback in any manner it deems appropriate. MedStudy will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to MedStudy any Feedback or other information that you consider to be confidential or proprietary.

6. Changes to the Service.
MedStudy reserves the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Service or any portion thereof. You agree that we will not be liable to you or to any third party for any such change, suspension, or discontinuance.

7. Charges and Payment of Fees.
The fees for MedStudy’s products and services (“Fees”) are set forth in the online or written order form submitted by you for MedStudy products or services (“Order Form”). The Fees are payable in accordance with the terms set forth on the Order Form. MedStudy reserves the right to modify the Fees and to introduce new charges for MedStudy products and services ordered by you upon at least thirty (30) days’ prior notice to you. In order to purchase MedStudy products and services, you must provide us with a current, valid, accepted method of payment. Where payment by credit card is indicated in the Order Form, or you purchase MedStudy products or services on the Site, you authorize MedStudy to automatically charge the credit card you provide to MedStudy (as the same may be updated from time to time) each time you incur a Fee. You agree to update your payment information within thirty (30) days of any change. If you believe any charge is incorrect, you must contact us in writing as set forth in Section 12 or by email at customerservice@medstudy.com within sixty (60) days of the date that the charge was posted to your account in order to be eligible to receive an adjustment or credit. Except as set forth in the applicable Order Form and these Terms of Use, the Fees are non-refundable.

8. Term and Termination.
Your license to use the Services commences the date that you accept these Terms of Use. MedStudy, in its sole discretion, may deny access to, and to suspend or terminate your password, account, or use of the Service (or to any features or portions thereof) at any time and for any reason, including breaching or otherwise failing to comply with these Terms of Use. In the event we suspend or terminate your access to and/or use of the Service (or feature or portion thereof), you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

9. Disclaimer of Warranties and Limitation of Liabilities.
a.    Disclaimer. THE SERVICE, THE CONTENT, AND THE TECHNOLOGY ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND MEDSTUDY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER MEDSTUDY NOR ANY PERSON ASSOCIATED WITH MEDSTUDY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE, THE TECHNOLOGY, OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER MEDSTUDY NOR ANY PERSON ASSOCIATED WITH MEDSTUDY REPRESENTS OR WARRANTS: (i) THAT USE OF THE SERVICE WILL BE SECURE, TIMELY, OR UNINTERRUPTED, OR THAT THE SERVICE, THE TECHNOLOGY, OR THE CONTENT WILL BE ACCURATE, RELIABLE, OR ERROR-FREE; (ii) THAT THE SERVICE OR THE TECHNOLOGY WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, OR SYSTEM; (iii) THAT THE SERVICE, THE TECHNOLOGY, OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (iv) THAT THE SERVICE, THE TECHNOLOGY, OR THE SERVER(S) THAT MAKES THE FOREGOING AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (v) THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED. ALL WARRANTIES ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. The Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications and networks. MedStudy is not responsible for any delays, delivery failures, or other damages resulting from those problems.

b.    Maximum Liability. IN NO EVENT WILL MEDSTUDY’S AGGREGATE LIABILITY TO YOU FOR ALL COSTS, LOSSES OR DAMAGES FROM CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, THE TECHNOLOGY OR THE CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT YOU ACTUALLY PAID MEDSTUDY IN THE SIX (6)-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.

c.    Exclusion of Damages. IN NO EVENT WILL MEDSTUDY OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDER BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER SIMILAR TYPES OF DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, THE TECHNOLOGY OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, OR BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SERVICE, THE TECHNOLOGY AND THE CONTENT IS AT YOUR SOLE RISK.

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential, or certain other types of damages, so the exclusions set forth above may not apply to you.

10. Local Laws and Export Control.
MedStudy is based in the State of Colorado in the United States. MedStudy makes no representation that the Service is appropriate or available for use in other locations. If you access or use the Service from other locations, you are solely responsible for compliance with all applicable laws, including, without limitation, export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited.

11. Indemnification.
You agree to indemnify, defend, and hold MedStudy and our directors, officers, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Service, the Technology, or the Content, or any violation of these Terms of Use or applicable law, by you or by anyone accessing the Service via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, in which event you agree to cooperate with us in defending such action. Your obligations set forth in this Section 11 will survive the termination of your use of the Service and/or these Terms of Use.

12. Notice.
For contractual purposes, you consent to receive communications from us by means of a general notice on the Site, by email to the email address on record in connection with your account, or in other electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. All notices and other communications from you to MedStudy shall be in writing and shall be deemed to have been given when delivered by nationally recognized overnight delivery to the following address: MedStudy Corporation, 1455 Quail Lake Loop, Colorado Springs, CO 80906.

13. Miscellaneous.
a.    Changes to Terms of Use. MedStudy reserves the right to modify these Terms of Use or impose new conditions for use of the Service at any time, effective upon posting of an updated version of these Terms of Use on the Site. You are responsible for regularly reviewing these Terms of Use for any such changes. Continued use of the Service by you after any such changes will constitute your consent to such changes.

b.    Assignment. You may not assign or otherwise transfer your license or rights under these Terms of Use to anyone. Any purported assignment in violation of this Section will be void.

c.    ​Governing Law and Jurisdiction; Jury Trial Waiver. These Terms of Use and any dispute, action, claim, or proceeding arising out of or in connection with these Terms of Use or the Service (in each case, including non-contractual disputes or claims) will be governed by the laws of the State of Colorado and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. Any disputes, actions, claims, or proceedings arising out of or in connection with these Terms of Use or the Service will be subject to the exclusive jurisdiction of the state and federal courts located in Colorado Springs, Colorado, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such dispute, action, claim, or proceeding. YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY DISPUTE, ACTION, CLAIM, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE.

d.    Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

e.​​    Severability. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect.

f.    Waiver. MedStudy’s failure to enforce any right or provision in these Terms of Use will not constitute a waiver of that right or provision.

g.   Entire Agreement; No Third-Party Beneficiaries. These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and MedStudy with respect to the Service, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or MedStudy.

14. Questions or Additional Information.
If you have questions regarding these Terms of Use or wish to obtain additional information about the Service, please send an email to customerservice@medstudy.com.